Bill Text: TX HB3197 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to creating a pilot program to implement the culture change model of care at certain state supported living centers.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB3197 Detail]
Download: Texas-2011-HB3197-Enrolled.html
H.B. No. 3197 |
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relating to creating a pilot program to implement the culture | ||
change model of care at certain state supported living centers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. DEFINITION. In this Act, "department" means the | ||
Department of Aging and Disability Services. | ||
SECTION 2. CULTURE CHANGE PILOT PROGRAM. (a) The executive | ||
commissioner of the Health and Human Services Commission shall | ||
create a pilot program to implement the culture change model of care | ||
at one state supported living center. In implementing the pilot | ||
program, the department shall, to the extent possible, implement | ||
processes, policies, and practices designed to: | ||
(1) shift decision-making to the individual with the | ||
disability; | ||
(2) implement continuous quality improvement | ||
processes that use objective data to improve practices and | ||
services; and | ||
(3) improve the workforce. | ||
(b) The department shall select the state supported living | ||
center that is most representative of the state supported living | ||
center system to participate in the pilot program based on the | ||
following considerations: | ||
(1) the physical characteristics of the campus; | ||
(2) the size of the staff; | ||
(3) the turnover rate of the staff; | ||
(4) the residents' level of need and disability; | ||
(5) the number of confirmed abuse allegations; | ||
(6) the frequency of the use of restraints; | ||
(7) the opportunity for community involvement; and | ||
(8) the leadership of the center. | ||
(c) The department shall determine the size and scope of the | ||
pilot program within the selected state supported living center. | ||
(d) The department may hire a consultant with a proven | ||
record of implementing the culture change process in long-term care | ||
facilities serving persons with mental and physical disabilities to | ||
assist in the implementation of the pilot program. | ||
SECTION 3. ASSISTANCE OF TEXAS LONG TERM CARE INSTITUTE. | ||
(a) The department shall enter into a memorandum of understanding | ||
with the Texas Long Term Care Institute at Texas State University | ||
for the institute to assist the department by providing training, | ||
assessment, technical assistance, and assistance in other areas | ||
that will enable the department to implement the culture change | ||
model of care at one state supported living center. | ||
(b) In addition to entering into the memorandum of | ||
understanding under Subsection (a), the department shall: | ||
(1) include a representative of the institute in | ||
meetings with parent groups and legally authorized representatives | ||
of the residents to educate these groups about culture change and | ||
the purpose of culture change; | ||
(2) allow distribution of handouts or brochures | ||
relating to culture change conferences or other information that | ||
staff, volunteers, and parents can use to become more educated | ||
about culture change; | ||
(3) encourage or incentivize staff members of state | ||
supported living centers to attend culture change conferences or | ||
training; | ||
(4) coordinate with the institute to offer a limited | ||
number of scholarships to staff members of state supported living | ||
centers to attend in-state culture change conferences or training; | ||
(5) include links on the department's Internet website | ||
to information about culture change and the implementation of | ||
culture change in long-term care facilities; and | ||
(6) include articles about culture change in the | ||
department's electronic and print publications. | ||
SECTION 4. REPORT. (a) Not later than September 1, 2012, | ||
the department shall submit a report to the governor and the | ||
Legislative Budget Board on the pilot program that includes: | ||
(1) a detailed description of the culture change | ||
process at the state supported living center; | ||
(2) specific examples of changes in processes, | ||
policies, and practices that have occurred or will occur at the | ||
state supported living center as a result of the implementation of | ||
the culture change model of care; | ||
(3) a timeline of the implementation of new policies, | ||
processes, and practices; | ||
(4) feedback from professional and direct care staff | ||
regarding the culture change process; | ||
(5) recommendations for future goals for | ||
implementation of the culture change model of care at other | ||
locations in the state supported living center, if appropriate, or | ||
at other state supported living centers; and | ||
(6) the following information from the state supported | ||
living center chosen for the pilot program: | ||
(A) the number of allegations of abuse, neglect, | ||
or exploitation, as defined by 40 T.A.C. Section 711.425, that the | ||
Department of Family and Protective Services determines to be | ||
unfounded, as defined by 40 T.A.C. Section 711.421; | ||
(B) the number of allegations of abuse, neglect, | ||
or exploitation, as defined by 40 T.A.C. Section 711.425, that the | ||
Department of Family and Protective Services determines to be | ||
confirmed, as defined by 40 T.A.C. Section 711.421; | ||
(C) the rate of staff turnover; | ||
(D) the frequency of the use of restraints, | ||
identified by type; | ||
(E) the number of individual resident outings and | ||
group outings; | ||
(F) the results of the employee job satisfaction | ||
survey; | ||
(G) the consistency of staff assignments to the | ||
same group of residents; and | ||
(H) any other information relevant to improving | ||
the quality of care at state supported living centers. | ||
(b) The department shall file a quarterly report with the | ||
Legislative Budget Board for each state supported living center | ||
that includes: | ||
(1) the number of allegations of abuse, neglect, or | ||
exploitation, as defined by 40 T.A.C. Section 711.425, that the | ||
Department of Family and Protective Services determines to be | ||
unfounded, as defined by 40 T.A.C. Section 711.421; and | ||
(2) the number of allegations of abuse, neglect, or | ||
exploitation, as defined by 40 T.A.C. Section 711.425, that the | ||
Department of Family and Protective Services determines to be | ||
confirmed, as defined by 40 T.A.C. Section 711.421. | ||
(c) The department shall input the information from the | ||
quarterly report under Subsection (b) into the Legislative Budget | ||
Board's automated budget and evaluation system. | ||
SECTION 5. EXPIRATION. This Act expires September 1, 2013. | ||
SECTION 6. EFFECTIVE DATE. This Act takes effect | ||
immediately if it receives a vote of two-thirds of all the members | ||
elected to each house, as provided by Section 39, Article III, Texas | ||
Constitution. If this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3197 was passed by the House on May 5, | ||
2011, by the following vote: Yeas 131, Nays 15, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3197 was passed by the Senate on May | ||
25, 2011, by the following vote: Yeas 31, Nays 0 | ||
. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |